29Declaration of heritage areas

29 Declaration of heritage areas

(1)  The Minister, by order, may declare an area to be a heritage area if it is an area which may contain any place of historic cultural heritage significance –

(a) on the Heritage Council's advice; and

(b) after consulting with any relevant planning authority and any other relevant body.

(2)  The Heritage Council is to publish the order –

(a) in the Gazette; and

(b) [Section 29 Subsection (2) amended by No. 70 of 2013, s. 20, Applied:01 Mar 2014] in a local public notice (other than in the Gazette).

(3)  The order –

(a) takes effect on the day on which it is published in the Gazette; and

(b) remains in force for a period of 2 years or any further period, not exceeding 5 years, the Minister specifies in the order.

(4)  The Heritage Council is to give the owner of any place within an area declared to be a heritage area a written notice stating –

(a) the order; and

(b) the reasons for declaring the area to be a heritage area; and

(c) the rights and duties of the owner under this Act.

(5)  [Section 29 Subsection (5) substituted by No. 70 of 2013, s. 20, Applied:01 Mar 2014] An order under this section is not a statutory rule but section 47 of the Acts Interpretation Act 1931 applies to such an order as if it were a regulation.